Judge Craig Goldblatt

No Honor Among Creditors: Delaware Judge Issues Important Ruling On “Uptier” Transaction

07/27/22

Intercreditor disputes in bankruptcy are common.  Typically, however, they center around predictable disagreements between senior or junior classes of creditors such as valuation battles or lien perfection challenges.  A recent decision in the Delaware chapter 11 case of TPC Group has highlighted a new trend of “intra-creditor class warfare,” involving, in the understated words of

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